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Summary Contempt - McNae's Essential Law for Journalist

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An in-depth analysis of Contempt as covered in McNae's Essential Law for Journalist.









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Summarized whole book?
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Uploaded on
April 14, 2025
Number of pages
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Written in
2024/2025
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Contempt Law
Contempt happens when an individual intentionally attempts to influence a court case through
releasing information which may influence members of the jury and therefore prevent a fair trial.
Examples of contempt include:
1.​ Disobeying or ignoring court orders - ie, refusing to answer the court questions if called as
witness, or commenting on a social media post regarding the trial
2.​ Taking photographs or shouting in the court, therefore disrupting
Strict liability creates “In law, strict liability means a person can be held responsible for damages or
penalties even if they didn't intend to cause harm or acted with negligence.” An example of this is
journalist unintentionally committing contempt by, for example, releasing materials regarding a case
which has not been given as evidence. The punishment
of strict liability is either a fine or a maximum sentence
of two years.

The definition of an ‘active’ court case is:
1.​ Somebody has been arrested
2.​ An arrest warrant has been drawn
3.​ A summons has been issued
4.​ A person has been charged orally
5.​ A document specifying the charge has been
produced
A case ceases to be active when:
1.​ The suspect is not charged
2.​ An arrest has not been made within 12 months
of the arrest warrant being drawn up
3.​ The case has been formally discontinued
4.​ The defendant has been acquitted or sentenced
5.​ The defendant is unfit for trial or has pleaded

Descriptions regarding the suspect are acceptable
unless the details create prejudice opinions or provoke negative stereotypes, ie, a journalist specifies
the defendant has a tattoo on their face with a negative phrase or sentiment - these may as a result
affect the jury’s opinion.

Police may ask journalist to appeal to its readers to come
forwards to assist in an investigation. For example, “do
you recognise this woman? We want to speak to her in
connection with a theft.” This is allowed as it is
considered as being done in the pubic interest, despite the
implication that said woman is guilty of a crime.

In recent years, there have been a few examples of high
profile contempt cases, the most notorious being the case
of Dale Cregan - a man who killed two female police
officers with a gun and grenade in Greater Manchester


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